If you are stuck in such a situation, here is what to do.

In the digital age, a moment captured on camera can spiral into a life-altering event overnight. Recently, a case came to light involving Mr. Rohan Sharma, a young professional from Jayanagar. During a public event, he was approached by reporters from a digital media channel, “Urban Pulse Media,” for a street interview. Believing it to be a harmless conversation, he shared his views candidly. However, the media house later published a heavily edited version of the interview. They selectively used clips, stripped his statements of their original context, and presented him in an extremely negative and misleading manner. The video went viral across multiple social media platforms, with countless pages reposting the distorted clips. Despite Mr. Sharma’s repeated requests to Urban Pulse Media to take down the content, they refused. He now faces immense public ridicule and damage to his personal and professional reputation, leaving him to contemplate the difficult choice between letting it go or pursuing a legal battle that could attract even more unwanted attention.

Advice in such cases

Navigating the aftermath of online defamation can be overwhelming. The concern that legal action might amplify the situation is valid, but inaction can allow the damage to become permanent. A strategic approach is crucial.

• Preserve all evidence immediately. Take screenshots and download the videos, including the comments sections and lists of pages that have shared the content. Note down the URLs and user profiles of the original posters.
• The first formal step is often to send a legal notice to the original publisher and the platforms hosting the content, demanding an immediate takedown and an unconditional apology.
• Evaluate the potential outcomes. While litigation can be lengthy, it is a powerful tool to seek justice, claim damages for the harm caused, and obtain court orders for the removal of the defamatory content.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

With the implementation of new criminal laws, the legal landscape has evolved. The primary law governing defamation is now within the Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section defines and penalizes the offence of defamation. It states that anyone who, by words (spoken or written), signs, or visible representations, makes or publishes any imputation concerning another person with the intent to harm, or knowing that it will harm their reputation, commits defamation. This includes online content like videos and social media posts. The punishment can extend to simple imprisonment for up to two years, a fine, or both. There is also a provision for community service.
• Information Technology Act, 2000 & IT Rules, 2021: While the IT Act deals with various cybercrimes, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, are particularly relevant. These rules place obligations on social media intermediaries (like Facebook, YouTube, etc.) to remove content that is defamatory or violates a user’s rights upon receiving a valid order from a court or a government agency.

If you are the complainant

As the person initiating the legal action, your role is to build a strong case.

• Document the Damage: Keep a record of how the viral video has negatively impacted your life. This could include loss of job opportunities, mental anguish, social ostracization, or harm to business prospects.
• Be Methodical: Organize all your evidence systematically. Create a timeline of events, from the interview to the video’s publication and your attempts to have it removed.
• Decide on the Path: With your lawyer, you will need to decide whether to file a civil suit for damages (monetary compensation) or a criminal complaint to punish the offender, or both. A civil case focuses on compensation for your loss of reputation, while a criminal case aims to imprison or fine the person responsible for their wrongful act.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

Your immediate actions can significantly influence the outcome.

• Do Not Engage Publicly: Avoid getting into arguments in the comments section or making your own reactive posts. This can often add fuel to the fire and may be used against you later. Let your legal notice do the talking.
• Report the Content: Use the built-in reporting tools on all social media platforms where the video is posted. Cite defamation, harassment, and misinformation as reasons. While this may not always result in a takedown, it creates a record of your attempts to resolve the issue.
• Seek Support: The mental and emotional toll of online harassment is immense. Reach out to trusted friends, family, or mental health professionals for support.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police involvement in defamation cases can be complex. Since defamation is a non-cognizable offence, the police cannot make an arrest or start an investigation without a court’s permission. Typically, they will advise you to file a private complaint directly with a Magistrate. The procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) will then be followed. However, the Cyber Crime Cell may be more proactive in investigating the origin of the content and identifying the responsible parties, especially if the content also involves other offences like criminal intimidation or obscenity.

FAQs people normally have

What evidence is required?

To build a successful defamation case, you will need strong evidence, including:

• The defamatory video itself, preserved in its original format.
• Screenshots of the posts, shares, and malicious comments.
• The URLs of all web pages and social media profiles where the content was published.
• Any communication records with the publisher, such as emails or messages requesting the takedown.
• Testimony from witnesses who can speak to your good reputation before the incident and the harm caused after.

How long will the investigation take?

The timeline for legal proceedings in India can be protracted. After filing a complaint, the initial inquiry by the Magistrate may take a few months. A full-fledged civil or criminal trial can take several years to conclude, moving through various stages of evidence, arguments, and appeals. However, it is often possible to seek interim relief from the court, such as an injunction order to take down the video while the case is pending.

Advocate Sudhir Rao, Supreme Court of India